Brian Mitchell v. Lyn Vanpuymbroeck, 2009 HRTO 2119

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Brian Mitchell

Applicant

-and-

Lyn Vanpuymbroeck

Respondent

DECISION

Adjudicator: Mary Truemner

Date: December 7, 2009

Citation: 2009 HRTO 2119

Indexed as: Mitchell v. Vanpuymbroeck

1This is an Application filed on December 22, 2008 under s.34 of Part IV of the Human Rights Code, R.S.O. 1990, c.H.19 as amended, (the “Code”).

2The Tribunal scheduled mediation for September 18, 2009, but the respondent advised the Tribunal on August 26, 2009 that she would not be able to attend and requested another date. Tribunal staff then attempted to contact the applicant to schedule another date, but were not successful.

3On September 30, 2009, the Tribunal sent a letter to the applicant which stated the following:

The Tribunal has contacted you previously, consulting you about new dates for the mediation in your Application.

You have not responded to our request for dates.

You must advise the tribunal of your intentions with respect to this Application. If you wish the Application to be scheduled directly for a hearing, without mediation, you must let us know. If you still wish to have a mediation scheduled, you must also let us know.

The Tribunal draws your attention to Rule 5.4 of the Tribunal’s Rules of Procedure:

5.4 The Tribunal may finally determine an Application without further notice to any person who cannot be contacted by the Tribunal according to the contact information provided to the Tribunal by that person.

If you do not respond within ten days of the date of this letter, the Tribunal will deem you to have abandoned the Application and close this file.

4The Tribunal has received no correspondence or other communication from the applicant responding to the Tribunal’s letter of September 30, 2009.

5In the circumstances, the applicant is deemed to have abandoned his Application. The Application is dismissed.